[Federal Register Volume 76, Number 155 (Thursday, August 11, 2011)]
[Notices]
[Pages 49729-49735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20434]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-890]
Wooden Bedroom Furniture From the People's Republic of China:
Final Results and Final Rescission in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On February 10, 2011, the Department of Commerce (Department)
published in the Federal Register its preliminary results of the
administrative review of the antidumping duty order on wooden bedroom
furniture (WBF) from the People's Republic of China (PRC), covering the
period January 1, 2009 through December 31, 2009.\1\ We gave interested
parties an opportunity to comment on the Preliminary Results. After
reviewing the interested parties' comments, we made changes to our
calculations for these final results of the review. The final dumping
margins for this review are listed in the ``Final Results of the
Review'' section below.
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\1\ See Wooden Bedroom Furniture From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review
and Intent to Rescind Review in Part, 76 FR 7534 (February 10, 2011)
(Preliminary Results).
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DATES: Effective Date: August 11, 2011.
FOR FURTHER INFORMATION CONTACT: Jeff Pedersen or Rebecca Pandolph, AD/
CVD Operations, Office 4, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
2769 and (202) 482-3627, respectively.
Background
On March 11, 2011, the Department issued a memorandum finding that
Dalian Huafeng Furniture Group Co., Ltd. (Huafeng) is the successor-in-
interest to Dalian Huafeng Furniture Co., Ltd. for purposes of this
proceeding and for the application of the antidumping law.
Between March 14, 2011, and March 22, 2011, Petitioners,\2\
Huafeng, Dongguan Great Reputation Furniture Co., Ltd., Home Meridian
International, Inc, d/b/a Samuel Lawrence Furniture Co. and Pulaski
Furniture Company (Home Meridian), Import Services, Inc., Hooker
Furniture Corporation, Nantong Yangzi Furniture Co., Ltd. (Nantong
Yangzi), and Dongguan Cambridge Furniture Co., Ltd. and Glory Oceanic
Co., Ltd. (collectively Cambridge), Butler Woodcrafters, Inc., Barry
Imports East Corp., and Zhangjiagang Zheng Yan Decoration Co., Ltd.
(ZYD), submitted case briefs to the Department. On March 24, 2011, the
Department rejected a portion of Huafeng's case brief due to the
inclusion of untimely new factual information. On March 25, 2011,
Huafeng resubmitted its case brief with the new factual information
excluded. On March 28, 2011, Petitioners, Huafeng, Home Meridian,
Import Services, Inc., Nantong Yangzi, and Cambridge filed rebuttal
briefs with the Department.
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\2\ Petitioners are the American Furniture Manufactures
Committee for Legal Trade and Vaughan-Bassett Furniture Company,
Inc. (Petitioners).
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On March 7, 2011, the Department received surrogate value (SV)
information from interested parties and placed SV information for truck
freight on the record.\3\ On March 17, 2011, Petitioners filed
information with the Department which they claimed rebutted, clarified,
or corrected SV information placed on the record after the Preliminary
Results of the review were issued. On March 21, 2011, the
[[Page 49730]]
Department requested that interested parties withhold comments
regarding the SV for truck freight from their case briefs because it
was considering whether to accept Petitioners' March 17, 2011, rebuttal
SV submission. On April 18, 2011, the Department rejected a portion of
Petitioners' March 17, 2011, rebuttal SV submission but allowed
Petitioners to refile the submission without the rejected information.
Petitioners submitted a redacted version of their March 17, 2011,
rebuttal SV submission on April 19, 2011. On April 18, 2011, the
Department extended the deadline for case and rebuttal briefs regarding
the valuation of truck freight until April 21, 2011, and April 25,
2011, respectively. On April 21, 2011, the Department received a case
brief regarding truck freight from Petitioners. On April 25, 2011,
Huafeng submitted a rebuttal brief regarding truck freight.
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\3\ See Memorandum to the File regarding ``Antidumping Duty
Administrative Review of Wooden Bedroom Furniture from the People's
Republic of China,'' dated March 7, 2011.
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On May 20, 2011, the Department issued a memorandum further
explaining its decision in the Preliminary Results not to extend the
time for Petitioners to withdraw their request for a review of ZYD.\4\
On May 25, 2011, ZYD commented on this post preliminary memorandum.
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\4\ See Memorandum from Abdelali Elouaradia, Director, Office 4
to Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations ``Wooden Bedroom Furniture from the
People's Republic of China: Untimely Withdrawal of Request for
Administrative Review of Zhangjiagang Zheng Yan Decoration Co., Ltd.
dated May 20, 2011.
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On June 10, 2011, the Department extended the time period for
completing the final results of the instant administrative review.\5\
On July 13, 2011, the Department further extended the time period for
completing the final results of the instant administrative review.\6\
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\5\ See Wooden Bedroom Furniture from the People's Republic of
China: Extension of the Time Limit for the Final Results of the
Antidumping Duty Administrative Review, 76 FR 34043 (June 10, 2011).
\6\ See Wooden Bedroom Furniture from the People's Republic of
China: Extension of the Time Limit for the Final Results of the
Antidumping Duty Administrative Review, 76 FR 41215 (July 13, 2011).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this review are addressed in the Memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for
Import Administration, ``Issues and Decision Memorandum for the Final
Results of the Administrative Review of the Antidumping Duty Order on
Wooden Bedroom Furniture from the People's Republic of China,'' dated
July 11, 2011, which is hereby adopted by this notice (Issues and
Decision Memorandum). A list of the issues which parties raised and to
which we responded in the Issues and Decision Memorandum is attached to
this notice as an Appendix. The Issues and Decision Memorandum is a
public document and is on file in the Central Records Unit, Main
Commerce Building, Room 7046, and is accessible on the Web at http://ia.ita.doc.gov/frn>. The paper copy and electronic version of the
memorandum are identical in content.
Changes Since the Preliminary Results
Based on an analysis of the comments received, the Department has
made the following changes:
Surrogate Values \7\
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\7\ For all changes to SVs, see the July 11, 2011 Final Results
Surrogate Value Memorandum.
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We valued Huafeng's plywood inputs based on Philippine
imports of HTS subheading 4412.13.10. See Comment 7 of the Issues and
Decision Memorandum.
We valued Huafeng's self-adhesive tape inputs based on
Philippine imports of HTS subheading 3919.10.90. See Comment 8 of the
Issues and Decision Memorandum.
We valued Huafeng's glue consumed as overhead based on
Philippine imports of HTS subheading 3506.91. See Comment 10 of the
Issues and Decision Memorandum.
We recalculated the surrogate financial ratios using
additional financial statements that were provided after the
Preliminary Results were issued and after changing our treatment of
certain financial statement line items. See Comment 19 of the Issues
and Decision Memorandum.
Ministerial Errors \8\
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\8\ For all corrections to ministerial errors, see the July 11,
2011 Final Results Analysis Memorandum.
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We corrected the calculation of indirect selling expenses
deducted from U.S. price. See Comment 12 of the Issues and Decision
Memorandum.
We corrected our conversion of square meters of oak veneer
into cubic decimeters. See Comment 13 of the Issues and Decision
Memorandum.
We removed the quantity of electricity consumed by the
samples workshop from the quantity of electricity consumption allocated
to subject merchandise. See Comment 2 of the Issues and Decision
Memorandum.
Other Changes \9\
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\9\ See also the Final Results Analysis Memorandum.
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We calculated the per-unit brokerage and handling SV using
a different weight. See Comment 6 of the Issues and Decision
Memorandum.
We added the quantity of electricity consumed to the
factors of production used in assembling cardboard cartons.
Period of Review
The period of review (POR) is January 1, 2009, through December 31,
2009.
Scope of the Order
The product covered by the order is WBF. WBF is generally, but not
exclusively, designed, manufactured, and offered for sale in
coordinated groups, or bedrooms, in which all of the individual pieces
are of approximately the same style and approximately the same material
and/or finish. The subject merchandise is made substantially of wood
products, including both solid wood and also engineered wood products
made from wood particles, fibers, or other wooden materials such as
plywood, strand board, particle board, and fiberboard, with or without
wood veneers, wood overlays, or laminates, with or without non-wood
components or trim such as metal, marble, leather, glass, plastic, or
other resins, and whether or not assembled, completed, or finished.
The subject merchandise includes the following items: (1) Wooden
beds such as loft beds, bunk beds, and other beds; (2) wooden
headboards for beds (whether stand-alone or attached to side rails),
wooden footboards for beds, wooden side rails for beds, and wooden
canopies for beds; (3) night tables, night stands, dressers, commodes,
bureaus, mule chests, gentlemen's chests, bachelor's chests, lingerie
chests, wardrobes, vanities, chessers, chifforobes, and wardrobe-type
cabinets; (4) dressers with framed glass mirrors that are attached to,
incorporated in, sit on, or hang over the dresser; (5) chests-on-
chests,\10\ highboys,\11\ lowboys,\12\ chests of drawers,\13\
chests,\14\ door
[[Page 49731]]
chests,\15\ chiffoniers,\16\ hutches,\17\ and armoires;\18\ (6) desks,
computer stands, filing cabinets, book cases, or writing tables that
are attached to or incorporated in the subject merchandise; and (7)
other bedroom furniture consistent with the above list.
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\10\ A chest-on-chest is typically a tall chest-of-drawers in
two or more sections (or appearing to be in two or more sections),
with one or two sections mounted (or appearing to be mounted) on a
slightly larger chest; also known as a tallboy.
\11\ A highboy is typically a tall chest of drawers usually
composed of a base and a top section with drawers, and supported on
four legs or a small chest (often 15 inches or more in height).
\12\ A lowboy is typically a short chest of drawers, not more
than four feet high, normally set on short legs.
\13\ A chest of drawers is typically a case containing drawers
for storing clothing.
\14\ A chest is typically a case piece taller than it is wide
featuring a series of drawers and with or without one or more doors
for storing clothing. The piece can either include drawers or be
designed as a large box incorporating a lid.
\15\ A door chest is typically a chest with hinged doors to
store clothing, whether or not containing drawers. The piece may
also include shelves for televisions and other entertainment
electronics.
\16\ A chiffonier is typically a tall and narrow chest of
drawers normally used for storing undergarments and lingerie, often
with mirror(s) attached.
\17\ A hutch is typically an open case of furniture with shelves
that typically sits on another piece of furniture and provides
storage for clothes.
\18\ An armoire is typically a tall cabinet or wardrobe
(typically 50 inches or taller), with doors, and with one or more
drawers (either exterior below or above the doors or interior behind
the doors), shelves, and/or garment rods or other apparatus for
storing clothes. Bedroom armoires may also be used to hold
television receivers and/or other audio-visual entertainment
systems.
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The scope of the order excludes the following items: (1) Seats,
chairs, benches, couches, sofas, sofa beds, stools, and other seating
furniture; (2) mattresses, mattress supports (including box springs),
infant cribs, water beds, and futon frames; (3) office furniture, such
as desks, stand-up desks, computer cabinets, filing cabinets,
credenzas, and bookcases; (4) dining room or kitchen furniture such as
dining tables, chairs, servers, sideboards, buffets, corner cabinets,
china cabinets, and china hutches; (5) other non-bedroom furniture,
such as television cabinets, cocktail tables, end tables, occasional
tables, wall systems, book cases, and entertainment systems; (6)
bedroom furniture made primarily of wicker, cane, osier, bamboo or
rattan; (7) side rails for beds made of metal if sold separately from
the headboard and footboard; (8) bedroom furniture in which bentwood
parts predominate; \19\ (9) jewelry armories; \20\ (10) cheval mirrors;
\21\ (11) certain metal parts; \22\ (12) mirrors that do not attach to,
incorporate in, sit on, or hang over a dresser if they are not designed
and marketed to be sold in conjunction with a dresser as part of a
dresser-mirror set; (13) upholstered beds \23\ and (14) toy boxes.\24\
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\19\ As used herein, bentwood means solid wood made pliable.
Bentwood is wood that is brought to a curved shape by bending it
while made pliable with moist heat or other agency and then set by
cooling or drying. See CBP's Headquarters Ruling Letter 043859,
dated May 17, 1976.
\20\ Any armoire, cabinet or other accent item for the purpose
of storing jewelry, not to exceed 24 inches in width, 18 inches in
depth, and 49 inches in height, including a minimum of 5 lined
drawers lined with felt or felt-like material, at least one side
door (whether or not the door is lined with felt or felt-like
material), with necklace hangers, and a flip-top lid with inset
mirror. See Issues and Decision Memorandum from Laurel LaCivita to
Laurie Parkhill, Office Director, concerning ``Jewelry Armoires and
Cheval Mirrors in the Antidumping Duty Investigation of Wooden
Bedroom Furniture from the People's Republic of China,'' dated
August 31, 2004. See also Wooden Bedroom Furniture From the People's
Republic of China: Final Changed Circumstances Review, and
Determination To Revoke Order in Part, 71 FR 38621 (July 7, 2006).
\21\ Cheval mirrors are any framed, tiltable mirror with a
height in excess of 50 inches that is mounted on a floor-standing,
hinged base. Additionally, the scope of the order excludes
combination cheval mirror/jewelry cabinets. The excluded merchandise
is an integrated piece consisting of a cheval mirror, i.e., a framed
tiltable mirror with a height in excess of 50 inches, mounted on a
floor-standing, hinged base, the cheval mirror serving as a door to
a cabinet back that is integral to the structure of the mirror and
which constitutes a jewelry cabinet line with fabric, having
necklace and bracelet hooks, mountings for rings and shelves, with
or without a working lock and key to secure the contents of the
jewelry cabinet back to the cheval mirror, and no drawers anywhere
on the integrated piece. The fully assembled piece must be at least
50 inches in height, 14.5 inches in width, and 3 inches in depth.
See Wooden Bedroom Furniture From the People's Republic of China:
Final Changed Circumstances Review and Determination To Revoke Order
in Part, 72 FR 948 (January 9, 2007).
\22\ Metal furniture parts and unfinished furniture parts made
of wood products (as defined above) that are not otherwise
specifically named in this scope (i.e., wooden headboards for beds,
wooden footboards for beds, wooden side rails for beds, and wooden
canopies for beds) and that do not possess the essential character
of wooden bedroom furniture in an unassembled, incomplete, or
unfinished form. Such parts are usually classified under HTSUS
subheadings 9403.90.7005, 9403.90.7010, or 9403.90.7080.
\23\ Upholstered beds that are completely upholstered, i.e.,
containing filling material and completely covered in sewn genuine
leather, synthetic leather, or natural or synthetic decorative
fabric. To be excluded, the entire bed (headboards, footboards, and
side rails) must be upholstered except for bed feet, which may be of
wood, metal, or any other material and which are no more than nine
inches in height from the floor. See Wooden Bedroom Furniture from
the People's Republic of China: Final Results of Changed
Circumstances Review and Determination to Revoke Order in Part, 72
FR 7013 (February 14, 2007).
\24\ To be excluded the toy box must: (1) Be wider than it is
tall; (2) have dimensions within 16 inches to 27 inches in height,
15 inches to 18 inches in depth, and 21 inches to 30 inches in
width; (3) have a hinged lid that encompasses the entire top of the
box; (4) not incorporate any doors or drawers; (5) have slow-closing
safety hinges; (6) have air vents; (7) have no locking mechanism;
and (8) comply with American Society for Testing and Materials
(``ASTM'') standard F963-03. Toy boxes are boxes generally designed
for the purpose of storing children's items such as toys, books, and
playthings. See Wooden Bedroom Furniture from the People's Republic
of China: Final Results of Changed Circumstances Review and
Determination to Revoke Order in Part, 74 FR 8506 (February 25,
2009). Further, as determined in the scope ruling memorandum
``Wooden Bedroom Furniture from the People's Republic of China:
Scope Ruling on a White Toy Box,'' dated July 6, 2009, the
dimensional ranges used to identify the toy boxes that are excluded
from the wooden bedroom furniture order apply to the box itself
rather than the lid.
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Imports of subject merchandise are classified under subheadings
9403.50.9042 and 9403.50.9045 \25\ of the U.S. Harmonized Tariff
Schedule (``HTSUS'') as ``wooden * * * beds'' and under subheading
9403.50.9080 of the HTSUS as ``other * * * wooden furniture of a kind
used in the bedroom.'' In addition, wooden headboards for beds, wooden
footboards for beds, wooden side rails for beds, and wooden canopies
for beds may also be entered under subheading 9403.50.9042 or
9403.50.9045 of the HTSUS as ``parts of wood.'' Subject merchandise may
also be entered under subheadings 9403.50.9041 or 9403.60.8081.\26\
Further, framed glass mirrors may be entered under subheading
7009.92.1000\27\ or 7009.92.5000 of the HTSUS as ``glass mirrors * * *
framed.'' The order covers all WBF meeting the above description,
regardless of tariff classification. Although the HTSUS subheadings are
provided for convenience and customs purposes, our written description
of the scope of this proceeding is dispositive.
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\25\ These HTSUS numbers, as well as the numbers in footnote 20,
reflect the HTSUS numbers currently in effect. These numbers differ
from those used in the last completed antidumping duty
administrative review of WBF from the PRC because the HTSUS has been
revised.
\26\ These HTSUS numbers were added to the scope in the 2009
Annual New Shipper Review of the proceeding. See Wooden Bedroom
Furniture from the People's Republic of China: Final Results of
Antidumping Duty New Shipper Reviews, 76 FR 9747 (February 22,
2011).
\27\ Id.
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Separate Rates
Companies Granted Separate Rates in the Preliminary Results
In the Preliminary Results, we determined that the following
companies demonstrated their eligibility for separate-rate status: (1)
Huafeng; (2) Baigou Crafts Factory of Fengkai; (3) Dongguan Bon Ten
Furniture Co., Ltd.; (4) Dongguan Kin Feng Furniture Co., Ltd.; (5)
Dongguan Singways Furniture Co., Ltd.; (6) Dongguan Sunshine Furniture
Co., Ltd.; (7) Hong Kong Da Zhi Furniture Co., Ltd., Dongguan Grand
Style Furniture Co., Ltd.; (8) Longkou Huangshan Furniture Factory; (9)
Nanhai Baiyi Woodwork Co. Ltd.; (10) Nanjing Nanmu Furniture Co., Ltd.;
(11) Season Furniture Manufacturing Co., Season Industrial Development
Co.; (12) Shenyang Shining Dongxing Furniture Co., Ltd.; (13) Shenzhen
Shen Long Hang Industry Co., Ltd.; (14) Wanhengtong Nueevder
(Furniture) Manufacture Co., Ltd., Dongguan Wanengtong Industry Co.,
Ltd.; (15) Xilinmen Furniture Co., Ltd.; (16) Zhangjiagang Zheng Yan
Decoration Co. Ltd., and (17) Zhangjiang Sunwin Arts & Crafts Co., Ltd.
For these final results,
[[Page 49732]]
we continue to find that evidence placed on the record of this review
demonstrates that these companies provided information that shows both
a de jure and de facto absence of government control with respect to
their respective exports of the merchandise under review and, thus,
these companies are eligible for separate-rate status.
With respect to the following companies that were not selected for
individual examination in this review we continue to find they should
be granted a separate rate because they are wholly owned by individuals
or companies located in a market economy: (1) Cheng Meng Furniture
(PTE) Ltd., Cheng Meng Decoration & Furniture (Suzhou) Co., Ltd.; (2)
COE, Ltd; (3) Dongguan Hero Way Woodwork Co., Ltd., Dongguan Da Zhong
Woodwork Co., Ltd., Hero Way Enterprises Ltd., Well Earth International
Ltd.; (4) Dongguan Liaobushangdun Huada Furniture Factory, Great Rich
(HK) Enterprise Co., Ltd.; (5) Eurosa (Kunshan) Co., Ltd., Eurosa
Furniture Co., (PTE) Ltd.; (6) Garri Furniture (Dong Guan) Co., Ltd.,
Molabile International, Inc. Weei Geo Enterprise Co., Ltd.; (7) Hualing
Furniture (China) Co., Ltd., Tony House Manufacture (China) Co., Ltd.,
Buysell Investments Ltd., Tony House Industries Co., Ltd.; (8) Jardine
Enterprise, Ltd.; (9) Winny Overseas, Ltd; (10) Meikangchi (Nantong)
Furniture Company Ltd.; and (11) Zhong Shan Fullwin Furniture Co., Ltd.
As wholly foreign-owned companies, we have no evidence indicating that
these companies are under the control of the PRC government. Therefore,
a separate-rate analysis is not necessary to determine whether these
companies are independent from government control.\28\
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\28\ See Preliminary Results; see also Notice of Final
Determination of Sales at Less Than Fair Value: Creatine Monohydrate
From the People's Republic of China, 64 FR 71104-05 (December 20,
1999) (where the Department determined that a respondent that was
wholly foreign-owned qualified for a separate rate).
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Since the Preliminary Results, the only comments received regarding
our separate rate determinations were from parties noting that the
Department failed to mention Dongguan Cambridge Furniture Co., Ltd.,
Glory Oceanic Co., Ltd. and Dongguan Great Reputation Furniture Co.,
Ltd. in its preliminary separate rate determination. Parties claimed
that the Department apparently overlooked the separate rate submissions
by these companies. We agree that in the Preliminary Results, we
inadvertently omitted Dongguan Cambridge Furniture Co., Ltd., Glory
Oceanic Co., Ltd. and Dongguan Great Reputation Furniture Co., Ltd.
from the list of companies that had demonstrated their eligibility to
receive a separate rate.\29\ Therefore, for the final results, we have
granted these companies a separate rate.
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\29\ See Issues and Decision Memorandum at Comment 15.
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Companies Not Providing Separate Rate Certifications or Applications
In the Preliminary Results, we stated that the following nine
companies or company groupings for which the Department initiated the
instant review did not provide a separate rate certification or
application and therefore have not demonstrated their eligibility for
separate rate status in this administrative review:
Dongguan Creation Furniture Co., Ltd., Creation Industries
Co., Ltd.
Foshan Guanqiu Furniture Co., Ltd.
Jiangsu Weifu Group Fullhouse Furniture Mfg. Corp.
Link Silver Ltd. (V.I.B.), Forward Win Enterprises Company
Limited, Dongguan Haoshun Furniture Ltd.
Nantong Yushi Furniture Co., Ltd.
Shanghai Aosen Furniture Co., Ltd.
Shenzhen Xiande Furniture Factory
Tarzan Furniture Industries, Ltd., Samso Industries Ltd.
Tianjin Master Home Furniture
In the Preliminary Results, we also found that (1) Nantong Yangzi,
(2) Zhongshan Gainwell Furniture Co., Ltd., and (3) Dongguan Landmark
Furniture Products Ltd. shipped subject merchandise during the POR, had
not filed separate rate certifications or applications and thus we
treated these companies as part of the PRC-wide entity. Since the
Preliminary Results, aside from Nantong Yangzi,\30\ no interested
parties submitted comments regarding the companies listed above. In
Comment 14 of the accompanying Issues and Decision Memorandum, we
addressed Nantong Yangzi's comments and determined not to rescind the
review with respect to Nantong Yangzi. Therefore, for the final
results, we continue to treat these entities as part of the PRC-Wide
entity.
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\30\ See Issues and Decision Memorandum at Comment 14.
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Adverse Facts Available (AFA)
In the Preliminary Results, we determined that in accordance with
sections 776(a)(2)(A) and (C) and 776(b) of the Act, the use of AFA is
appropriate for the PRC-wide entity. The Department assigned a dumping
margin of 216.01 percent, the highest rate on the record of any segment
of the proceeding to all companies that are part of the PRC-wide
entity, as AFA.\31\ No interested party commented on this determination
regarding the PRC-wide entity and we have made no changes from our
Preliminary Results with respect to this issue.
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\31\ See Preliminary Results.
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Also in the Preliminary Results, we determined that Huafeng failed
to report certain sales and thus withheld necessary information within
the meaning of section 776(a)(2)(A) of the Act and failed to act to the
best of its ability to comply with the Department's requests for
information within the meaning of section 776(b) of the Act. We
therefore applied a dumping margin based on AFA to Huafeng's unreported
sales, pursuant to section 776(b) of the Act. As partial AFA, we
applied to the unreported sales a margin of 216.01 percent. Parties
commented both on our decision to apply AFA and on our choice of the
AFA rate applied to Huafeng. After considering these comments, we have
continued to apply to Huafeng's unreported sales an AFA margin of
216.01 percent.\32\
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\32\ See Issues and Decision Memorandum at Comment 1.
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Corroboration of Secondary Information
Section 776(c) of the Act provides that, when the Department relies
on secondary information rather than on information obtained in the
course of an investigation or review, it shall, to the extent
practicable, corroborate that information from independent sources that
are reasonably at its disposal. Secondary information is defined as
information derived from the petition that gave rise to the
investigation or review, the final determination concerning the subject
merchandise, or any previous review under section 751 of the Act
concerning the subject merchandise.\33\ To corroborate means that the
Department will satisfy itself that the secondary information to be
used has probative value.\34\ To corroborate secondary information, the
Department will, to the extent practicable, examine the reliability and
relevance of the information to be used.\35\ Independent sources used
to
[[Page 49733]]
corroborate such information may include, for example, published price
lists, official import statistics and customs data, and information
obtained from interested parties during the particular investigation or
review.\36\
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\33\ See the Statement of Administrative Action accompanying the
Uruguay Round Agreements Act, H.R. Doc. 103-316 Vol. 1 at 870 (1994)
(SAA).
\34\ See Id.
\35\ See Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished From Japan, and Tapered Roller Bearings, Four Inches or
Less in Outside Diameter, and Components Thereof, From Japan;
Preliminary Results of Antidumping Duty Administrative Reviews and
Partial Termination of Administrative Reviews, 61 FR 57391, 57392
(November 6, 1996) (unchanged in Tapered Roller Bearings and Parts
Thereof, Finished and Unfinished, From Japan, and Tapered Roller
Bearings, Four Inches or Less in Outside Diameter, and Components
Thereof, From Japan; Final Results of Antidumping Duty
Administrative Reviews and Termination in Part, 62 FR 11825 (March
13, 1997)).
\36\ See the SAA at 870; see also Notice of Preliminary
Determination of Sales at Less Than Fair Value: High and Ultra-High
Voltage Ceramic Station Post Insulators from Japan, 68 FR 35627,
35629 (June 16, 2003) (unchanged in Notice of Final Determination of
Sales at Less Than Fair Value: High and Ultra-High Voltage Ceramic
Station Post Insulators from Japan, 68 FR 62560 (November 5, 2003)).
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The 216.01 AFA rate that the Department is using in this review is
a company-specific rate calculated in the 2004-2005 New Shipper Review
of the WBF order.\37\ No additional information has been presented in
the current review which calls into question the reliability of this
secondary information. Thus, we have determined that this secondary
information continues to be reliable. With respect to the relevance
aspect of corroboration, the Department will consider information
reasonably at its disposal to determine whether a margin continues to
have relevance. Where circumstances indicate that the selected margin
is not appropriate as AFA, the Department will disregard the margin and
determine an appropriate margin.\38\ Similarly, the Department does not
apply a margin that has been discredited.\39\ To assess the relevancy
of the rate used, the Department compared the transaction-specific
margins calculated for Huafeng in the instant administrative review
with the 216.01 percent rate calculated in the 2004-2005 New Shipper
Review and found that the 216.01 percent margin was within the range of
the calculated margins on the record of the instant administrative
review. Because the dumping margins used to corroborate the AFA rate
are not unusually high dumping margins relative to the calculated rates
determined for the cooperating respondent, the Department is satisfied
that the dumping margins used for corroborative purposes reflect
commercial reality because they are based upon real transactions that
occurred during the POR and were subject to verification by the
Department.\40\
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\37\ See Wooden Bedroom Furniture from the People's Republic of
China: Final Results of the 2004-2005 Semi-Annual New Shipper
Reviews, 71 FR 70739, 70741 (December 6, 2006) (2004-2005 New
Shipper Review).
\38\ See Fresh Cut Flowers From Mexico; Final Results of
Antidumping Duty Administrative Review, 61 FR 6812, 6814 (February
22, 1996) (where the Department disregarded the highest margin in
that case as adverse best information available (the predecessor to
facts available) because the margin was based on another company's
uncharacteristic business expense resulting in an unusually high
margin).
\39\ See D&L Supply Co. v. United States, 113 F.3d 1220, 1221
(Fed. Cir. 1997) (ruling that the Department will not use a margin
that has been judicially invalidated).
\40\ See the Corroboration Memorandum dated concurrently with
this notice.
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Since the 216.01 percent margin is within the range of transaction-
specific margins on the record of this administrative review, the
Department has determined that the 216.01 percent margin continues to
be relevant for use as an AFA rate for the PRC-wide entity in this
administrative review. Also, because this rate is within the range of
Huafeng's transaction-specific margins in this review, we find the rate
relevant to Huafeng's unreported sales.
As the adverse margin is both reliable and relevant, the Department
has determined that it has probative value. Accordingly, the Department
has determined that this rate meets the corroboration criterion
established in section 776(c) of the Act. Huafeng has raised arguments
with respect to the reliability and relevance of this rate, which are
addressed in the accompanying Issues and Decision Memorandum at Comment
1.
Final Partial Rescission of Administrative Review
In the Preliminary Results, the Department stated its intent to
rescind the administrative review with respect to the following
companies because they all reported that they made no shipments during
the POR.
Clearwise Company Limited
Dongguan Huangsheng Furniture Co., Ltd.\41\
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\41\ Dongguan Huangsheng Furniture Co., Ltd.'s only sales made
during the POR were covered by a new shipper review for the period
January 1, 2009, through December 31, 2009. The new shipper review
of this company was completed and therefore, these shipments are not
subject to this administrative review. See Wooden Bedroom Furniture
from the People's Republic of China: Final Results of Antidumping
Duty New Shipper Reviews, 76 FR 9747 (February 22, 2011).
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Dongguan Mu Si Furniture Co. Ltd.
Fleetwood Fine Furniture LP
Hainan Jong Bao Lumber Co. Ltd/Jibbon Enterprise Co., Ltd.
Shanghai Fangjia Industry Co., Ltd.
Yeh Brothers World Trade Inc.
Golden Well International (HK) Ltd.
Zhejiang Tianyi Scientific and Educational Equipment Co., Ltd.
(``Zhejiang Tianyi'') \42\
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\42\ Zhejiang Tianyi's only sales made during the POR were
covered by a new shipper review covering the period January 1, 2009,
through June 30, 2009 and thus are not subject to this review. See
Wooden Bedroom Furniture from the People's Republic of China: Final
Results of Antidumping Duty New Shipper Review, 75 FR 44764 (July
29, 2010).
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No parties commented on our intent to rescind. Because there is no
information or argument on the record of the current review that
warrants reconsidering our intent to rescind, we are rescinding this
administrative review with respect to the above-listed companies.
Final Results of the Review
We determine that the following weighted-average percentage margins
exist for the POR:
------------------------------------------------------------------------
Antidumping
Exporter Duty Percent
Margin
------------------------------------------------------------------------
Dalian Huafeng Furniture Co., Ltd./Dalian Huafeng 41.75
Furniture Group Co., Ltd.............................
Baigou Crafts Factory of Fengkai...................... 41.75
Cambridge Furniture Co., Ltd., Glory Oceanic Co., Ltd. 41.75
Cheng Meng Furniture (PTE) Ltd., Cheng Meng Decoration 41.75
& Furniture (Suzhou) Co., Ltd........................
COE, Ltd.............................................. 41.75
Dongguan Bon Ten Furniture Co., Ltd................... 41.75
Dongguan Great Reputation Furniture Co., Ltd.......... 41.75
Dongguan Hero Way Woodwork Co., Ltd., Dongguan Da 41.75
Zhong Woodwork Co., Ltd., Hero Way Enterprises Ltd.,
Well Earth International Ltd.........................
Dongguan Kin Feng Furniture Co., Ltd.................. 41.75
Dongguan Liaobushangdun Huada Furniture Factory , 41.75
Great Rich (HK) Enterprise Co., Ltd..................
Dongguan Singways Furniture Co., Ltd.................. 41.75
[[Page 49734]]
Dongguan Sunshine Furniture Co., Ltd.................. 41.75
Eurosa (Kunshan) Co., Ltd., Eurosa Furniture Co., 41.75
(PTE) Ltd (Eurosa)...................................
Garri Furniture (Dong Guan) Co., Ltd., Molabile 41.75
International, Inc. Weei Geo Enterprise Co., Ltd.....
Hong Kong Da Zhi Furniture Co., Ltd., Dongguan Grand 41.75
Style Furniture Co., Ltd.............................
Hualing Furniture (China) Co., Ltd., Tony House 41.75
Manufacture (China) Co., Ltd., Buysell Investments
Ltd., Tony House Industries Co., Ltd.................
Jardine Enterprise, Ltd............................... 41.75
Longkou Huangshan Furniture Factory................... 41.75
Meikangchi (Nantong) Furniture Company Ltd............ 41.75
Nanhai Baiyi Woodwork Co. Ltd......................... 41.75
Nanjing Nanmu Furniture Co., Ltd...................... 41.75
Season Furniture Manufacturing Co., Season Industrial 41.75
Development Co.......................................
Shenyang Shining Dongxing Furniture Co., Ltd.......... 41.75
Shenzhen Shen Long Hang Industry Co., Ltd............. 41.75
Wanhengtong Nueevder (Furniture) Manufacture Co., 41.75
Ltd., Dongguan Wanengtong Industry Co., Ltd..........
Winny Overseas, Ltd................................... 41.75
Xilinmen Furniture Co., Ltd........................... 41.75
Zhangjiagang Zheng Yan Decoration Co. Ltd............. 41.75
Zhangjiang Sunwin Arts & Crafts Co., Ltd.............. 41.75
Zhong Shan Fullwin Furniture Co., Ltd................. 41.75
PRC-Wide Entity....................................... 216.01
------------------------------------------------------------------------
Assessment Rates
The Department will determine, and CBP shall assess, antidumping
duties on all appropriate entries of subject merchandise in accordance
with the final results of this review. For assessment purposes, we
calculated exporter/importer- (or customer) -specific assessment rates
for merchandise subject to this review. Where appropriate, we
calculated an ad valorem rate for each importer (or customer) by
dividing the total dumping margins for reviewed sales to that party by
the total entered values associated with those transactions. For duty-
assessment rates calculated on this basis, we will direct CBP to assess
the resulting ad valorem rate against the entered customs values for
the subject merchandise. Where an importer- (or customer) -specific
assessment rate is de minimis (i.e., less than 0.50 percent), the
Department will instruct CBP to assess that importer's (or customer's)
entries of subject merchandise without regard to antidumping duties. We
intend to instruct CBP to liquidate entries containing subject
merchandise exported by the PRC-wide entity at the PRC-wide rate
determined in these final results. The Department intends to issue
appropriate assessment instructions directly to CBP 15 days after
publication of the final results of this review.
Cash-Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters
listed above, the cash deposit rate will be the rates shown for those
companies; (2) for previously investigated or reviewed PRC and non-PRC
exporters not listed above that have separate rates, the cash deposit
rate will continue to be the exporter-specific rate published for the
most recent period; (3) for all PRC exporters of subject merchandise
which have not been found to be entitled to a separate rate, the cash
deposit rate will be the PRC-wide rate of 216.01 percent; and (4) for
all non-PRC exporters of subject merchandise which have not received
their own rate, the cash deposit rate will be the rate applicable to
the PRC exporters that supplied that non-PRC exporter. These deposit
requirements shall remain in effect until further notice.
Notification of Interested Parties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
Disclosure
We will disclose the calculations performed in these final results
within five days of the date of public announcement of the final
results to parties in this proceeding in accordance with 19 CFR
351.224(b). We are issuing and publishing these final results and
notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: August 5, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix
Comment 1: Unreported Sales
Comment 2: Electricity
Comment 3: Warranty Expenses
Comment 4: Freight Revenue
Comment 5: The Appropriate Methodology for Valuing Cardboard Cartons
Comment 6: Brokerage and Handling
Comment 7: The Appropriate SV for Plywood
Comment 8: The Appropriate SV for Tape
Comment 9: The Appropriate SV for Poly Foam
Comment 10: The Appropriate SV for the Glue Used in Furniture
Production
Comment 11: Error in the Draft Rescission Instructions
Comment 12: Calculation Error
[[Page 49735]]
Comment 13: The Appropriate Conversion Factor for Oak Veneer
Comment 14: Whether the Department Should Rescind its Administrative
Review of Nantong Yangzi Furniture Co., Ltd.
Comment 15: Whether Great Reputation, Cambridge and Glory Are
Entitled to a Separate Rate
Comment 16: Combination Rates
Comment 17: Duty Absorption
Comment 18: The Appropriate SV for Labor
Comment 19: Financial Ratios
Comment 20: Whether to use Huafeng's ME Purchases to Value Certain
Inputs
Comment 21: Truck Freight
Comment 22: Whether the Department Should Rescind its Administrative
Review of Zhangjiagang Zheng Yan Decoration Co., Ltd.
[FR Doc. 2011-20434 Filed 8-10-11; 8:45 am]
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